This case has been cited 6 times or more.
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2003-09-30 |
PER CURIAM |
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| Yes, sir."[24] (Underscoring ours) The above testimony vividly describes Marilou's harrowing experience in the hands of her own father. It bears emphasis that appellant resorted to force, threat and intimidation to consummate his lust. In her Sinumpaang Salaysay,[25] Marilou stated: "pinagsamantalahan (ginahasa) niya po ako ng puwersahan na may halong pananakot at pagbabantang ako ay papatayin." Marilou categorically affirmed such declaration when she testified in court.[26] Courts usually give credence to such testimony, particularly if it constitutes incestuous rape, because, normally, no person would be willing to undergo the humiliation of a public trial and to testify on the details of her ordeal were it not to condemn an injustice.[27] | |||||
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2002-02-20 |
BELLOSILLO, J. |
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| Nor can we accept the argument that the rape was impossible due to the presence of Noniluna's sons by her side. This Court has repeatedly declared that lust is no respecter of time and place[18] and rape can be committed even in places where people congregate: in parks, along the roadside, within the school premises, inside a house where there are several occupants and even in the same room where other members of the family are sleeping.[19] Also contrary to accused-appellant's assertion,[20] the complainant testified that her children noticed him during the commission of the crime but they did not do anything because they were afraid of their grandfather. Such fear is understandable and expected. Not only was the culprit a close relative who took care of them whenever their mother was not around and thus wielded authority over them, he was also known to have served time in prison. The sight of him armed with a butcher's knife and of their mother in tears is enough to frighten any child into silence. Thus, we cannot expect the children, because of their tender age, to be of any help to their mother and the lack of reaction from them is not at all unusual. Besides, at eight (8) and five (5), it is quite possible that they did not understand what was going on. | |||||
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2001-09-25 |
BELLOSILLO, J. |
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| We sustain the ruling of the trial court. In rape cases, the evaluation of the credibility of witnesses is addressed to the sound determination of the trial court the conclusion of which deserves much weight and respect.[9] Moreover, courts usually give credence to the testimony of a girl who is a victim of sexual assault. Normally, no person would be willing to undergo the humiliation of a public trial and to testify on the details of her ordeal were it not to condemn an injustice and punish the perpetrator.[10] Karen narrated the incidents of her sexual abuse in a clear, positive and straightforward manner. Thus - | |||||
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2001-04-03 |
BELLOSILLO, J. |
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| We sustain the assailed ruling. In rape cases, the evaluation of the credibility of witnesses is addressed to the sound determination of the trial court whose conclusion thereon deserves much weight and respect.[8] Moreover, courts usually give credence to the testimony of a girl who is a victim of sexual assault, particularly if it constitutes incestuous rape because, normally, no person would be willing to undergo the humiliation of a public trial and to testify on the details of her ordeal were it not to condemn an injustice.[9] The trial court evaluated the testimony of Esperanza to be straightforward, clear and convincing. We find no reason to hold otherwise. | |||||
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2000-12-04 |
BELLOSILLO, J. |
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| The delay and initial reluctance of a rape victim to make public the assault on her virtue is neither unknown nor uncommon.[12] Such delay and initial reluctance do not impair her credibility when satisfactorily explained.[13] A plausible reason to incur delay is the death threat from the accused[14] and in many instances, rape victims simply suffer in silence.[15] Ellen's lips were sealed for almost two (2) months due to accused-appellant's death threats. We find such circumstance an adequate reason for her delay in revealing her misfortune. | |||||
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2000-11-20 |
BELLOSILLO, J. |
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| Adora explained that during the first rape, she was not able to shout because the left hand of accused-appellant covered her mouth[17] and he told her to be quiet otherwise somebody would be involved.[18] While he was removing her panty, she kept on moving but her efforts proved useless because he was too big.[19] She was not able to get to her sister because he was already on top of her[20] and we must not lose sight of the presence of the two (2) children between them. We thus find Adora's explanation satisfactory. The evil in man has no conscience - he bears no respect for time and place, driving him to commit rape anywhere, even in places where people converge such as in parks, along the roadside, within school premises, inside a house where there are other occupants[21] or in the same room where other members of the family are sleeping[22] including the rapist's own spouse.[23] | |||||